Jedrasiak -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 208

CITATION: Jedrasiak -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 208 DIVISION: General Division APPLICANT PARTIES: John Jedrasiak RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013130 HEARING DATES: 26/09/2001 SUBMISSIONS CLOSED: 09/26/2001 DATE OF DECISION: 12/04/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Firearms (General) Regulation 1997 Firearms Act 1996 CASES CITED: Australian Broadcasting Tribunal v Bond (1990 94 ALR 11) APPLICANT REPRESENTATION: G Gillett, barrister RESPONDENT D Paterson, solicitor ORDERS: The Commissioner's decision to revoke Mr Jedrasiak's firearms licence is affirmed.

1 These proceedings relate to a decision made by the Commissioner of Police (the Commissioner) to revoke Mr Jedrasiak's Category H firearms licence. The reason for the revocation was an allegation that Mr Jedrasiak, who operates a security business, was affected by alcohol at a time when he was on duty and carrying a firearm. 2 The Commissioner relied on several grounds set out in the Firearms Act 1986 (Firearms Act) for revoking Mr Jedrasiak's licence. In summary, the Commissioner submitted that he had made the correct decision in revoking Mr Jedrasiak's firearms licence because: - Mr Jedrasiak is no longer a fit and proper person to hold a licence; (s 24(2)(c); - It is not in the public interest for Mr Jedrasiak to continue to hold a licence (Cl 17 of Firearms (General) Regulation 1997); and - Mr Jedrasiak has committed a fundamental breach of the firearms legislation. Relevant legislation 3 The Firearms Act establishes a scheme for licensing people to possess and use firearms. Section 24(2) sets out some of the grounds on which the Commissioner may revoke a licence. The provisions in bold are relied on by the Commissioner. A licence may be revoked: (a) for any reason for which the licensee would be required to be refused a licence of the same kind, or (b) if the licensee: (i) supplied information which was (to the licensee's knowledge) false or misleading in a material particular in, or in connection with, the application for the licence, or (ii) contravenes any provision of this Act or the regulations, whether or not the licensee has been convicted of an offence for the contravention, or (iii) contravenes any condition of the licence, or (c) if the Commissioner is of the opinion that the licensee is no longer a fit and proper person to hold a licence, or (d) for any other reason prescribed by the regulations. 4 In relation to s 24(2)(d), Clause 17 of the Regulation states that: In accordance with section 24 (2) (d) of the Act, a licence may be revoked if the Commissioner considers that it is not in the public interest for the person to whom it is issued to continue to hold it. Issues 5 The issue for the Tribunal is whether the Commissioner made the correct and preferable decision in revoking Mr Jedrasiak's licence on any of the above grounds. The evidence and findings of fact, my understanding of the applicable law, and the reasoning process in coming to this conclusion are set out below.